cheque, for money refund, from a builder bounced
Querist :
Anonymous
(Querist) 04 May 2010
This query is : Resolved
I booked few plots in different projects (Haryana/Rajasthan) of a builder and paid a part of the price as advance.
None of the project/plot was delivered. In some cases, the land was not sanctioned and hence builder could not delive the plots.
After much discussions, builder issued the cheques but they bounced. This happened about a year ago.
Since then I have been trying to get new cheques, basiccaly my money, but builder has not given anything yet.
* Can I still file complaint/case against the builder in consumer and/or criminal court against cheque bounce (that happened about a year ago)?
* Can I combine all plots/projects in the same court case? Builder is the same in all cases.
* Should I file the case in Consumer court or Criminal court or both? According to my understanding, consumer court is faster than criminal court but builder may feel less pressure in a consumer court, and there may be no arrest in the consumer court case.
Querist :
Anonymous
(Querist) 04 May 2010
* Irrespective of the fact that cheques bounced about a year ago, it is still true that the cheques bounced and that the builder owes me money (for which he issued cheques, otherwise why would he issue cheques).
* May I ask you what type of agreement you are referring to. There are always some documents whenever a property is booked with a builder. Moreover deposit was paid by cheques.
Thanks.
Raj Kumar Makkad
(Expert) 04 May 2010
You can file suit for recovery in civil court and your right to file consumer complaint remains for ever and it is not based upon bouncing of cheque rather deficiency of service.
You may file a single complaint in consumer forum in all matters because the respondent is the same builder.
Querist :
Anonymous
(Querist) 04 May 2010
* Isn't it that cheque bouncing case is much more stronger (and concrete and easy to prove/resolve) than deficiency of service?
* Doesn't bouncing of cheque directly make the issuer a culprit?
* Which court(s) (for example, consumer, civil, criminal, ...) can deal with cheque dishonour cases?
Thanks.
Arvind Singh Chauhan
(Expert) 04 May 2010
Matter has been time barred for cheque bouncing case. You can file recovery suit as advised by Raj Sir. In criminal side complaint bay be filed against builder for cheating. Consumer forum is also open for you.
Pankaj Kundra
(Expert) 10 May 2010
In your case the cheques are time barred as rightly said by Mr Arvind you cannot present the cheques again, and then file a case thereon so that remedy is not open to you now
Querist :
Anonymous
(Querist) 10 May 2010
That means Indian Law does not allow for the matters to be resolved amicably.
Law want people to file cases, approach court, .... immediately, instead of allowing (them) time to try to come to a settlement mutually.
